Terms of Service
By using Remarkable Land, LLC’s (“we”, “us”, “our”) website, www.remarkableland.com (“Site”), or any features thereof, you agree to abide by the Terms of Service (“Agreement”) set forth herein, and to any future amendments and/or variations thereof.
These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Description of Service
This Site allows you to make an offer to buy real property from the featured real estate listings, and if the seller agrees to sell at the offered price, you can then enter into a purchase and sale agreement to buy the property (“Service” or “Services”).
We are NOT a real estate agent or broker. We buy and sell properties strictly for our own account or on behalf of our affiliates, owners, employees, and partners.
The purchase and sale agreement or contract between the buyer and seller will govern the conveyance of real property between the parties.
- We reserve the right to refuse service to anyone for any reason at any time.
- You shall be solely responsible for keeping your login and account details pertaining to this Site confidential.
- You shall not use this Site or any features hereof to send spam or unsolicited emails to other members of this website.
- You shall not use this Site or any features hereof to spread computer, network, hardware, or software contaminants including, without limitation, viruses, worms, Trojan Horses, spyware, malware or any other program or tool that causes damage to the seamless operations of computers and computer systems.
- By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
- You understand that your submitted information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Site through which the service is provided, without express written permission by us.
Buyer(s) understands that the Seller is conveying the above-described property “as-is” and Buyer agrees to purchase property as such. No representations as to fitness for a particular purpose have been made. No verbal claims or promises have been made to Buyer which do not appear in writing here.
If the above-described property is not situated on a public road, then Buyer hereby acknowledges such, and agrees to hold Seller harmless for maintenance and improvements to the existing easement(s), if any.
Buyer also agrees that any improvement or utility bonds will be assumed by the Buyer, and Buyer agrees that if he/she/they did not physically inspect the above property, then Buyer understands that will not constitute grounds for termination of this contract.
- This Site is provided on an “AS-IS-AND-AS-AVAILABLE” basis without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, access, and non-infringement.
- We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. We strongly suggest you physically inspect and visit the property prior to closing.
- This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site.
- We make no representation or warranty – express or implied – that the service provided on this Site will be uninterrupted or error-free. In case of any technical problems that prevent the uninterrupted running of this Site, we shall not be liable for loss of business, or profit, or revenue, or otherwise to any user or third party.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products, and services available via our Service may include materials from third-parties.
Third-party links on this Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
User Comments, Feedback, and Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or without a request from us, you send creative ideas, suggestions, reviews, testimonials, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Modifications to the Services and Prices
Prices for our properties and Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Intellectual Property Rights
Except for the listings, all content on this Site, including text, images, graphics, software, scripts, sounds, etc. are protected by national and international laws, treaties and conventions governing intellectual property rights. All the rights in the trademarks, service marks and logos contained on this website are hereby reserved. No part of this Site is meant to be used, copied, reproduced, distributed, transmitted, broadcast or displayed for any other purposes whatsoever, without our prior written consent.
We shall not be liable for any failure in performing our obligations under this Agreement due to circumstances beyond our reasonable control including, without limitation, strikes, lockouts, floods, natural calamities, and governmental actions.
Limitation of Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the content you submit, post, or make available through this Site, your use of this Site, your violation of this Agreement, or any other loss suffered by us due to your direct or indirect conduct.
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Modifications to This Agreement
We reserve the right to modify this Agreement or any part thereof. All the changes and updates shall come into effect as soon as they are posted on this Site. You shall be responsible to ensure that you are fully aware of, and in compliance of, the updated version of this Agreement.
The headings used in this Agreement are included for convenience only and will not limit or otherwise affect these Terms.
Any dispute that is, or becomes, a subject matter of any provision contained herein shall be subject to the exclusive jurisdiction of laws and courts located in the State of Texas, United States of America.
YOU AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE SITE TERMS, THE SITE AND/OR THE PRODUCTS AND SERVICES SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that you have in any manner infringed upon or violated or threatened to infringe upon or violate the intellectual property rights of Remarkable Land, LLC or any third party or have otherwise violated any of the user conduct rules set forth above, then you acknowledge that arbitration is not an adequate remedy at law and that Remarkable Land, LLC may seek, in its sole discretion, injunctive relief or such other remedies as we deem appropriate.
Arbitration under these Site Terms shall be conducted by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer-Related Disputes ( the “AAA Consumer Rules”) (collectively the “AAA Rules”). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Questions about the Terms of Service should be sent to us at:
If via email:email@example.com
If via USPS mail or overnight courier:Remarkable Land, LLC
Attn: Terms of Service
6175 Main Street, Suite 250
Frisco, TX 75034-3510